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HomeMy WebLinkAbout1591 - ADMIN Ordinance - City Council - 1983/02/07ORDINANCE NO. 1591 AN ORDINANCE RELATING TO MASSAGE SERVICES, AMENDING ST. LOUIS PARK ORDINANCE CODE SECTION 13-1162 and REPEALING SECTION 13-1156(9) THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The St. Louis Park Ordinance Code, Section 13-1162, is amended to read: Section 13-1162. Exceptions. (1) This ordinance does not apply to bona fide health/sports establishments which meet the following criteria: (a) The establishment has conducted business in the City of St. Louis Park for three years and is in good repute. (b) The primary purpose of the establishment is health and fitness; massage service is subsidiary. (c) No more than 20% of the establishment revenue is derived from massage. (d) The financial records of the establishment are at all times available to the City for inspection. (e) The establishment has an ongoing membership, which list is available to City officials for inspection at any time. Establishments which meet the above provisions shall not be required to pay the annual license fee or investigation fee, unless specifically ordered by the City Council. Masseurs and masseuses employed by such establishments are not required to be certified under this ordinance. (2) In addition, this ordinance does not apply to nor include bona fide legal, medical, psychiatric, psychological, family or marriage counseling services by a person, persons or businesses appropriately licensed by the State of Minnesota, by local units of government or any other appropriate licensing authority nor does this ordinance apply to bona fide financial counseling services or bona fide educational institutions completely complying with State and local regulations or the regulation of any licensing authorities nor does it apply to bona fide churches, synagogues or institutions or organized religions or to seminars, panel discussions or group classes sponsored by bona fide religious institutions or educational institutions. (3) Beauty shops licensed by the State of Minnesota which offer massages on the licensed premises as an incidental service generating less than 20% of total gross receipts are not required to obtain a license pursuant to this ordinance. Such shops are required to comply with the requirements of Sections 13-1155, 13-1156(2) - (6) and (8), 13-1157 and 13-1160 with respect to the massage service portion of their operations and shall pay an annual inspection fee of $100. (4) Within three months after the close of the shop's fiscal year, the owner or manager shall annually provide to the City Clerk a certification by a certified public accountant or other independent accountant engaged in the full-time practice of accounting that the shop's cross receipts meet the requirements of paragraph (3) above. Section 2. The St. Louis Park Ordinance Code, Section 13-1156(9) is repealed. Section 3. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00 or by imprisonment for not to exceed 90 days, or both. Section 4. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council February 7, 1983. Attest: it/i/CgC414v,-(A-0 City Clerk Reviewed for administration: Approved as to form and legality: City A `': rney 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN (Official Publication) ORDINANCE NO 1591 AN ORDINANCE RELATING TO MASSAGE SERVICES, AMENDING ST LOUIS PARK ORDINANCE CODE SECTION 13=1162 AND REPEALING SECTION 13-1156(9) Summary This ordinance permits therapeutic massage to be provided in beauty salons licensed by the State of Minne- sota, on the condition that therapeutic massage services constitute no more than 20 percent of a beauty salon's annual gross receipts Beauty salons must pay a $100 annual license fee and submit an annual audit prepared by a full-time accounting practice that the salon s gross receipts meet this 20 percent requirement Effective Date This ordinance shall take effect fifteen days after its publication Adopted by the City Council Febru- ary 7 1983 (s) LYLE HANKS Mayor A copy of the full text of; this or- dinance is available from the City Clerk (Feb 16 1983) -SLP 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at (east once every week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regula business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No . 1571 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks that it was first so published on Wed the 16 day of February 1983 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abcdefghilklmnopgrsiuvwxyz Subscribed and sworn to before me this 16 �- MERIDEL M. HEDBLOM fjOTARY PUBLIC MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 § k day of February 19 83